Terms and Conditions
Terms and Conditions of JM Singcere – ABN: 71 552 090 102.
1. Whole Agreement
1.1 The Parties agree that these terms and conditions represent the whole agreement (the ‘Agreement’) between the Parties, concerning the supply and assignment of the Services. No other term is to be included in this Agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory.
The Client acknowledges that they have read, understood, and agree to be bound by this Agreement.
2.1 Clients must pay a 50% deposit within 48 hours of being sent a quote & contract to lock in their booking date. This amount is non-refundable.
2.2 The remaining amount must be paid 30 days prior to the event date. (Any bookings enquiring within 30 days of the event must provide full payment to secure their booking)
2.3 Cancellations must be communicated via email to firstname.lastname@example.org
2.4 If the Client has made the whole payment and concludes to cancel JM Singcere's services 30 days prior to the event, JM Singcere will provide a refund excluding the deposit amount as the deposit is non-refundable or transferrable.
2.5 If the Client has made the whole payment and concludes to cancel JM Singcere's services within 30 days of the event, JM Singcere is under no obligation to provide a full refund to the client. JM Singcere will allow for rescheduling for no extra cost or offer a credit for the amount equal to the full amount paid.
3. Client’s Assumption of Risk
3.1 Each Client of the Services assumes all risk incidental to participation in all activities, loss or damage in connection with the Services.
4. Client's Release and Authorization
4.1 Client hereby releases JM Singcere and their employees, and agents to the maximum extent possible from any and all liability for loss or damage to persons or property, infringement of any right, or any other claims or courses of action of any kind arising from or relating to Client’s acquisition of or use of the Services.
4.2 The Client authorises and permits JM Singcere to share Client’s personal information, including but not limited to contact information, with such affiliated contractors, and third parties which may offer products, services, and/or goods that may be of interest to Client; acknowledges and agrees that JM Singcere are not responsible for Client's personal property in any way; and agrees not to make any recordings of any and all performances without the express written permission of JM Singcere.
5. No Disruptive Behavior
5.1 JM Singcere reserves the right to deny entry, ban, or remove from the premises any person who JM Singcere determines, in its sole and absolute discretion, is behaving or threatening to behave in a manner which JM Singcere considers to be dangerous.
6. Individuals under 18
6.1 The Services may not be directed at by individuals under the age of 18. JM Singcere does not knowingly collect Personal Information from individuals under the age of 18, and if JM Singcere becomes aware that it has inadvertently done so, JM Singcere will use reasonable efforts to promptly delete such Personal Information.
6.2 If you are the parent or legal guardian of an attendee that is under the age of 18, it is your responsibility to check the suitability of the Event for any individuals in your party regardless of official age restrictions.
7. Client Content Release
7.1 As part of the Event, Clients may have the ability to participate in activities where Clients create materials or perform the Lyrics which may include, but are not limited to creation of sound recordings, images and videos (‘Client Content’). Unless otherwise agreed to in writing between Client and JM Singcere, each Client hereby grants to JM Singcere, its sublicensees, employees, the absolute and irrevocable rights (including all copyright rights) and permission to photograph, record or film the Customer Content and to use the results and proceeds thereto, without limitation, in materials produced by JM Singcere in any and all media, in perpetuity.
7.2 Client hereby waives any claim to compensation for use of such Client Content. Such Client Content may be used by JM Singcere in any manner or media without notifying Client, such as the JM Singcere website, publications, promotions, broadcasts, advertisements, and posters, for advertising or other related purposes.
7.3 Client waives any right to inspect or approve the finished materials or any printed or electronic matter that may be used with them.
7.4 Client hereby waives any moral rights Customer may have in any materials produced by JM Singcere which contain any Client Content, Client, or, in the event Client is under 18 years of age, the parent or guardian of one or more minor Clients who will be participating in the Services (the “Parent”), has read and understood this Client Content release and hereby expressly approves and consents to this release of the Customer Content, and waives all obligations and rights which such individual may have in connection therewith. Parent hereby guarantees that the minor or minors shall not at any time withdraw the release of the Client Content and hereby agrees to indemnify JM Singcere from any loss arising from any claims made by or on behalf of the minors relating to this release of the Client Content.
8. Policies and Procedures
8.1 Client is required to behave in accordance with these Terms of Service (including the Prohibited Activities described herein), and/or any time limits, directions and/or prohibitions provided to Client by JM Singcere’ staff. JM Singcere reserves the right to deny entry, ban, or remove any Client from the venue, with no refund or compensation any person who, in JM Singcere’ sole and absolute discretion, behaves or threatens to behave in a manner which is in or could be detrimental to the Services.
9. Overtime Hours
9.1 Client agrees to pay JM Singcere the rate of 200 per/hour for any overtime hours requested. JM Singcere will invoice the client within 24 hours of the event and the client must pay within 72 hours of being invoiced.
10. License to the Event
10.1 The Event music is owned and/or operated by JM Singcere. Unless otherwise indicated, any materials provided hereunder in connection with the Services (excluding any Client Content, as defined herein), including, but not limited to, any images, logos, information, content, and other materials displayed or distributed in connection with the Services or any videos created by JM Singcere of the Event and distributed to Client(collectively, the “Materials”) are the property of JM Singcere or its affiliated companies or third-party licensors. Each Client agrees that nothing herein shall be deemed a grant of any intellectual property rights or other rights to use the Materials for any products or processes for profit-making or commercial purposes.
10.2 JM Singcere reserves all rights not expressly granted in this Agreement. Any use of the Materials except as specifically authorized in this Agreement, without the prior written permission of JM Singcere, is strictly prohibited.
11. Limitation of Liability
11.1 Although JM Singcere shall attempt to ensure the integrity of the Services, JM Singcere reserves the right to modify, suspend, extend or terminate the Services or any part thereof if JM Singcere determines, in its sole discretion, that the Services or any part thereof are delayed or disrupted by technical problems, failures, malfunctions or other causes beyond JM Singcere’s control which may have destroyed, corrupted or undermined the security, integrity or feasibility of the Services or any portion thereof.
11.2 In the event the Event is terminated for any reason beyond JM Singcere control, JM Singcere shall not be liable to Client in any way and JM Singcere shall have no further financial obligations to Client.
11.3 JM Singcere is not responsible for the actions of any other Event Client in connection with the Event. Client's interactions with third parties, including guest and other Event Clients, in connection with the Event, are solely between Client and such third party. Client acknowledges and agrees that JM Singcere will not be responsible for any damages, losses, costs, expenses, or liabilities incurred as the result of such interactions.
11.4 Client hereby releases JM Singcere from any and all claims, costs, injuries, losses or damages of any kind, no matter how arising relating to the event.
12.1 All Clients agree to the Terms of Service stated here and agree that these terms shall be construed by and governed in accordance with the laws of the State of Victoria, Australia and that, with respect to any dispute arising from these terms, sole and exclusive jurisdiction and venue shall lie with the state and federal courts located in Victoria, Australia.
12.2 For the avoidance of doubt, registration for the Event, Participation in the Event, and/or the purchase or use of a License shall be considered acknowledgement of, and agreement to, these Terms of Service.
12.3 JM Singcere may amend these Terms of Service at any time. Your continued Participation in the Event shall constitute your acceptance of any such amended terms.